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STATUTES ANDREGULATIONSRELATING TO THEPRACTICES OFPROFESSIONAL CLINICAL COUNSELINGMARRIAGE AND FAMILY THERAPYEDUCATIONAL PSYCHOLOGYCLINICAL SOCIAL WORKJANUARY 2021STEVE SODERGRENINTERIM EXECUTIVE OFFICER
STATUTES AND REGULATIONSRELATING TO THE PRACTICE OF:PROFESSIONAL CLINICAL COUNSELINGMARRIAGE AND FAMILY THERAPYEDUCATIONAL PSYCHOLOGYCLINICAL SOCIAL WORKISSUED BY:BOARD OFBEHAVIORAL SCIENCES1625 North Market Blvd, Suite S200Sacramento, CA 95834http://www.bbs.ca.govJanuary 2021STEVE SODERGRENINTERIM EXECUTIVE OFFICER
Note to ReaderThis publication is a condensed version of the statutes and regulations of the professionsregulated by the Board of Behavioral Sciences. However, it does not incorporate all sectionsof law contained within any of the respective codes. To access a complete and current listingof the California Codes, please visit the following websites:Reference sources: California Statutes California Code of RegulationsWhile every effort has been made to ensure that the book is current and accurate,readers are advised that the applicable statutes and regulations are subject torevision. Should any difference or discrepancy occur, duly enacted statutes orregulations shall take precedence over the information contained herein.2
NEW / AMENDED LAWSThe following statutes and regulations have been amended:(All sections are Business & Professions Code unless otherwise noted)NEW / AMENDED LAWSSection Number Change§27Makes a nonsubstantive technical correction.Adds clarifying language pertaining to compliance with orders of§125.9abatement in citations.§4984.7Increases the Board's LMFT fees.§4989.68Increases the Board's LEP fees.§4990Extends the Board's sunset date one year, until January 1, 2022.§4990.04Extends the Board's sunset date one year, until January 1, 2022.§4996.3Increases the Board's LCSW fees.§4999.120Increases the Board's LPCC fees.Entitles a nonprofit legal services entity representing a patient toHealth & Safety receive a copy of the relevant portion of a patient's records neededCode §123110 to support a claim regarding eligibility for specified public benefitprograms.Title 16,Clarifies criteria for examination rescoring requests.California Codeof Regulations(CCR) §1805.0816 CCR §1806 Clarifies criteria relating to application abandonment.Makes changes to substantial relationship criteria to comply with16 CCR §1812AB 2138 (Chapter 995, Statutes of 2018).Makes changes to criteria for rehabilitation to comply with AB 213816 CCR §1813(Chapter 995, Statutes of 2018).Makes changes to criteria for rehabilitation to comply with AB 213816 CCR §1814(Chapter 995, Statutes of 2018).16 CCR§ 1816 Makes nonsubstantive technical corrections.16 CCR §1816.1 Makes nonsubstantive technical corrections.16 CCR §1816.2 Makes nonsubstantive technical corrections.16 CCR §1816.3 Repealed (nonsubstantive).16 CCR §1816.4 Makes nonsubstantive technical corrections.16 CCR §1816.5 Repealed (nonsubstantive).16 CCR §1816.6 Repealed (nonsubstantive).16 CCR §1816.7 Repealed (nonsubstantive).Makes changes to reference updated Uniform Standards andDisciplinary Guidelines document effective December 2020.16 CCR §1888(Document updated to comply with AB 2138 (Chapter 995,Statutes of 2018).Makes changes to law regarding required actions against16 CCR §1888.1 registered sex offenders in order to comply with AB 2138 (Chapter995, Statutes of 2018).3
THIS BOOKLET DOES NOT CONTAIN CHANGES MADE AFTERJanuary 1, 2021.Please refer to the “Law Changes” section of the Board’s website forany changes made after this date.4
TABLE OF CONTENTSBUSINESS AND PROFESSIONS CODE OF CALIFORNIACHAPTER 13. LICENSED MARRIAGE AND FAMILY THERAPISTS . 15ARTICLE 1. REGULATION . 15§ 4980. NECESSITY OF LICENSE . 15§ 4980.01. CONSTRUCTION WITH OTHER LAWS; NONAPPLICATION TO CERTAIN PROFESSIONALS ANDEMPLOYEES; REQUIRED NOTICE TO CLIENTS . 15§ 4980.02. PRACTICE OF MARRIAGE AND FAMILY THERAPY; APPLICATION OF PRINCIPLES AND METHODS . 16§ 4980.03. DEFINITIONS . 16§ 4980.04. LICENSED MARRIAGE AND FAMILY THERAPIST ACT . 18§ 4980.08. LICENSE TITLE NAME CHANGE . 18§ 4980.09. REGISTRANT TITLE NAME CHANGE . 19§ 4980.10. ENGAGING IN PRACTICE . 19§ 4980.30. APPLICATION FOR LICENSE; PAYMENT OF FEE . 19§ 4980.31. DISPLAY OF LICENSE. 19§ 4980.32. REQUIRED NOTICE TO CLIENTS . 19§ 4980.34. LEGISLATIVE INTENT . 20§ 4980.35. OBLIGATION TO PROVIDE COMPLETE AND ACCURATE APPLICATION; DUTIES OF BOARD. 20§ 4980.36. QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGINNING GRADUATESTUDY AFTER AUGUST 1, 2012 OR COMPLETING GRADUATE STUDY AFTER DECEMBER 31, 2018 . 21§ 4980.37. QUALIFYING DEGREE PROGRAM FOR LICENSURE OR REGISTRATION; BEGAN GRADUATE STUDYBEFORE AUGUST 1, 2012 AND COMPLETED GRADUATE STUDY BEFORE DECEMBER 31, 2018 . 26§ 4980.38. NOTIFICATION TO STUDENTS OF DESIGN OF DEGREE PROGRAM; CERTIFICATION OFFULFILLMENT OF REQUIREMENTS. 28§ 4980.39. ADDITIONAL COURSEWORK: AGING AND LONG-TERM CARE . 28§ 4980.396. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT ANDINTERVENTION. 29§ 4980.397. REQUIRED EXAMINATIONS . 30§ 4980.398. EXAMINATION RESTRUCTURE TRANSITION SCENARIOS . 30§ 4980.399. CALIFORNIA LAW AND ETHICS EXAMINATION . 30§ 4980.40. QUALIFICATIONS . 31§ 4980.41. ELIGIBILITY TO SIT FOR LICENSING EXAMINATIONS; COURSEWORK OR TRAINING . 31§ 4980.42. TRAINEES' SERVICES . 33§ 4980.43. SUPERVISED EXPERIENCE: ASSOCIATES OR TRAINEES . 34§ 4980.43.1. SUPERVISOR RESPONSIBILITIES . 35§ 4980.43.2. DIRECT SUPERVISOR CONTACT. 36§ 4980.43.3. SUPERVISED EXPERIENCE: ACCEPTABLE SETTINGS; ACCEPTABLE SUPERVISION PRACTICES . 37§ 4980.43.4. SUPERVISEES: LOCATION OF SERVICES; MAXIMUM NUMBER OF SUPERVISEES; OVERSIGHTAGREEMENT . 39§ 4980.43.5. AUDITS OF SUPERVISORS . 39§ 4980.44. ASSOCIATE NOTICE TO CLIENT OR PATIENT; ADVERTISEMENTS . 39§ 4980.46. FICTITIOUS BUSINESS NAMES . 40§ 4980.48. TRAINEES; NOTICE TO CLIENTS OF UNLICENSED STATUS; ADVERTISEMENTS . 40§ 4980.49. CLIENT RECORDS: RETENTION. 41§ 4980.50. EXAMINATION; ISSUANCE OF LICENSE; EXAMINATION RECORD RETENTION; SEVEN YEAR LIMITATIONON CLINICAL EXAMINATION . 41§ 4980.54. CONTINUING EDUCATION . 42§ 4980.55. DISCLOSURE OF COUNSELOR’S QUALIFICATIONS . 43§ 4980.57. CONTINUING EDUCATION FOR SPOUSAL OR PARTNER ABUSE . 43§ 4980.60. RULES AND REGULATIONS . 44§ 4980.70. ADDITIONAL PERSONNEL . 44§ 4980.72. OUT-OF-STATE APPLICANTS: LICENSURE BY CREDENTIAL . 445
§ 4980.74. OUT-OF-STATE APPLICANTS: LICENSURE BY EDUCATION AND EXPERIENCE . 45§ 4980.76. DEGREE OBTAINED OUTSIDE THE UNITED STATES . 46§ 4980.78. LICENSURE BY EDUCATION AND EXPERIENCE: SUBSTANTIALLY EQUIVALENT EDUCATION . 46§ 4980.81. LICENSURE BY EDUCATION AND EXPERIENCE: ADDITIONAL COURSEWORK. 48ARTICLE 2. DENIAL, SUSPENSION, AND REVOCATION. 52§ 4982. UNPROFESSIONAL CONDUCT . 52§ 4982.05. ENFORCEMENT STATUTE OF LIMITATIONS . 54UNCODIFIED LAW RELATING TO SECTION 4982.05 . 55§ 4982.1. MENTAL ILLNESS OR CHEMICAL DEPENDENCY; GROUNDS FOR REFUSAL TO LICENSE ORREGISTER . 55§ 4982.15. PLACING OF LICENSE OR REGISTRATION ON PROBATION; CIRCUMSTANCES . 55§ 4982.25. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE OR REGISTRATION;GROUNDS . 56§ 4982.26. DECISION CONTAINING FINDING THAT LICENSEE OR REGISTRANT ENGAGED IN SEXUAL CONTACTWITH PATIENT OR FORMER PATIENT; ORDER OF REVOCATION . 56§ 4982.3. CONDUCT OF PROCEEDINGS . 56ARTICLE 3. PENALTIES . 57§ 4983. VIOLATION; MISDEMEANOR; PUNISHMENT . 57§ 4983.1. INJUNCTION . 57ARTICLE 4. REVENUE. 57§ 4984. EXPIRATION OF LICENSES; RENEWAL OF UNEXPIRED LICENSES . 57§ 4984.01. ASSOCIATE REGISTRATION; DURATION; RENEWAL . 57§ 4984.1. RENEWAL OF EXPIRED LICENSES . 58§ 4984.2. RENEWAL OF SUSPENDED LICENSE; EFFECT OF RENEWAL . 58§ 4984.3. REVOKED LICENSE; REINSTATEMENT AFTER EXPIRATION . 58§ 4984.4. TIME LIMIT FOR RENEWAL AFTER EXPIRATION; NEW LICENSE . 58§ 4984.41. ISSUANCE OF A RETIRED LICENSE – MARRIAGE AND FAMILY THERAPIST. 59§ 4984.5. BOARD REPORT AND PAYMENT OF REVENUE . 60§ 4984.7. FEE SCHEDULE. 60§ 4984.72. FAILED CLINICAL EXAMINATION; REEXAMINATION; NEW APPLICATION REQUIREMENT . 61§ 4984.75. ADDITIONAL LICENSE RENEWAL FEE; MENTAL HEALTH PRACTITIONER EDUCATION FUND . 61§ 4984.8. INACTIVE LICENSE . 61§ 4984.9. LICENSEE OR REGISTRANT NAME CHANGE . 62ARTICLE 6. MARRIAGE AND FAMILY THERAPIST CORPORATIONS . 62§ 4987.5. DEFINITION . 62§ 4987.6. UNPROFESSIONAL CONDUCT . 62§ 4987.7. NAME. 62§ 4987.8. DIRECTORS, SHAREHOLDERS AND OFFICERS; NECESSITY OF LICENSE . 63§ 4988. INCOME FOR PROFESSIONAL SERVICES NOT TO ACCRUE TO DISQUALIFIED SHAREHOLDERS . 63§ 4988.1. CORPORATE UNPROFESSIONAL CONDUCT . 63§ 4988.2. RULES AND REGULATIONS . 63ARTICLE 7. REVIEW . 63§ 4989. POWERS AND DUTIES OF BOARD; DATE OF REVIEW . 63CHAPTER 13.5. LICENSED EDUCATIONAL PSYCHOLOGISTS . 64ARTICLE 1. GENERAL. 64§ 4989.10. EDUCATIONAL PSYCHOLOGIST PRACTICE ACT. 64§ 4989.12. ADMINISTRATION AND ENFORCEMENT OF CHAPTER . 64§ 4989.13. ENGAGING IN PRACTICE . 64§ 4989.14. SCOPE OF PRACTICE . 64§ 4989.16. LICENSING EXCEPTIONS . 656
§ 4989.17. REQUIRED NOTICE TO CLIENTS . 66§ 4989.18. RULES OF PROFESSIONAL CONDUCT . 66ARTICLE 2. LICENSURE . 66§ 4989.20. LICENSURE REQUIREMENTS . 66§ 4989.22. EXAMINATION . 67§ 4989.23. REQUIRED COURSEWORK OR SUPERVISED EXPERIENCE: SUICIDE RISK ASSESSMENT ANDINTERVENTION. 67§ 4989.24. CONVICTION INVOLVING SEXUAL ABUSE OF CHILDREN . 68§ 4989.26. GROUNDS FOR REFUSAL TO ISSUE LICENSE; MENTAL ILLNESS OR CHEMICAL. 68DEPENDENCY. 68§ 4989.28. DENIAL OF APPLICATION FOR UNPROFESSIONAL CONDUCT. 68ARTICLE 3. RENEWAL AND CONTINUING EDUCATION . 68§ 4989.30. EXPIRATION OF LICENSE . 68§ 4989.32. RENEWAL OF UNEXPIRED LICENSE . 69§ 4989.34. CONTINUING EDUCATION REQUIREMENTS .
Note to Reader This publication is a condensed version of the statutes and regulations of the p
